PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            18 December 2001
	DOCKET NUMBER:    AR2001061824

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Jose A. Martinez		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                 advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his records be corrected to show the rank and pay grade of specialist/E-4 (SPC/E-4). 

3.  The applicant states, in effect, that items 5a (Rank) and 5b (Pay Grade) of his separation document (DD Form 214) does not reflect his correct rank and pay grade.  He further states that his personnel records which contained his promotion order to SP4/E-4 were lost.  In support of his application, he submits a copy of his DD Form 214, dated 2 August 1968.

4.  The applicant’s military records show that on 2 August 1968, he was honorably released from active duty (REFRAD) at the expiration of his term of service.  At the time of his separation, he had completed a total of 
1 year, 11 months, and 29 days of active military service. 

5.  The applicant’s Enlisted Personnel Qualification Record (DA Form 20) confirms, in block 23 (appointments and reductions), that he was promoted to the rank and pay grade of private first class/E-3 (PFC/E-3) on 25 February 1967, and that this was the highest rank and pay grade he attained while serving on active duty.  Block 47 (Signature of Individual-Name, Grade and Date) confirms that this 
DA Form 20 was the original prepared on him on 10 August 1966 and block 
48 (Date of Audit) contains the date entry 28 March 1968, which confirms the applicant audited and verified the information in this document on that date.

6.  In addition, the applicant’s Military Personnel Records Jacket (MPRJ) was available and it contains no orders or other documents that suggest the applicant was promoted to or served in the rank and pay grade of SP4/E-4 at any time during his active duty tenure. 

7.  The DD Form 214 on file, which was issued to and authenticated by the applicant with his signature on the date of his separation, confirms that at the time of his separation he held the rank of PFC/E-3 and he was serving in military occupational specialty (MOS) 36K (Field Wireman).  It also reveals that during his active duty tenure he earned the following awards:  National Defense Service Medal; Vietnam Service Medal; and Republic of Vietnam Campaign Medal with 60 Device.

8.  The applicant’s OMPF contains no derogatory information and there is no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10.  Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he was promoted to SP4/E-4 and the records that contained this promotion order were lost.  However, the Board finds insufficient evidence to support these claims. 

2.  The evidence of record confirms the highest rank the applicant attained while serving on active duty was PFC/E-3 and it gives no indication that he was ever promoted to or served in a higher grade during his active duty tenure.  Thus, the Board concludes that the requested relief is not warranted in this case. 

3.  The evidence of record does confirm that the applicant served a qualifying period of service that entitles him to receive the AGCM.  Given his record is void of any derogatory information or a specific recommendation from any of his unit commanders disqualifying him from receiving the award, the Board concludes it would be appropriate to add the AGCM to his record at this time.

4.  In addition, based on his record of service, the applicant is entitled to receive the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the Board finds that it would also be appropriate to add this award to his record at this time.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the Army Good Conduct Medal and RVN Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that reflects these awards.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__INW __   _ _TL __  __JAM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    __Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR20010618264	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/12/18	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(Partial Relief)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.